Harris v Sheehan [2007] NSWSC 1334

New South Wales Supreme Court

CITATION : Harris v Sheehan [2007] NSWSC 1334

HEARING DATE(S) : 19/11/2007

JUDGMENT DATE : 26 November 2007

JURISDICTION : Eqyuity Division

JUDGMENT OF : Associate Justice Macready at 1

DECISION : Paragraph 34

CATCHWORDS : Family Provision. Claim by a son. No matter of principle. Order for a legacy.

PARTIES : Carl Harris v Kevin Vincent Sheehan & Charles John Sheen (Estate of Enid Merle Sheehan)

FILE NUMBER(S) : SC 1216/2006

COUNSEL : Miss L Cohen for plaintiff Mr J Wilson SC for defendants

SOLICITORS : HA Miedzinski Lawyers for plaintiff Conroy & Stewart for defendants

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MACREADY

Monday 26 November 2007

1216/2006 CARL HARRIS v KEVIN SHEEHAN & CHARLES JOHN SHEEHAN ANOR (Estate of Enid Merle Sheehan)

JUDGMENT

1 HIS HONOUR: This is an application under the Family Provision Act 1982 (NSW) in respect of the estate of the late Enid Merle Sheehan who died on 24 September 2005 aged 103 years. Her husband had died before her and she was a widow at the time of her death. She was survived by her son, Carl Harris ("Carl"), the plaintiff and her adopted sons Charles John Sheehan ("Charles") and Kevin Vincent Sheehan ("Kevin"). Kevin is the defendant in these proceedings.

The last will of the deceased 2 The deceased made her last will and testament on 22 June 1999. Under the will she appointed the Kevin and Charles as her executors. She bequeathed legacies of $5,000 each to Carl and Charles and legacies totalling $6,000 to her grandchildren and a niece. She devised her house property at 25 Ocean Road, Broom's Head to the defendant. Assets in the estate 3 At the date of the death of the deceased had her property at 25 Ocean Road, Brooms Head which was then valued at $300,000, a National Australia Bank account of $4,553 and some furniture and chattels worth $500. The evidence before me shows that the property at Broom's Head has a value of $1,200,000. Costs have been incurred in the proceedings. The plaintiff's estimate of costs is $52,580 and the defendants' costs $79,600. There are legal costs for the estate administration and funeral debts of $9,522. 4 Charles John Sheehan also brought proceedings under the Family Provision Act 1982 (NSW) but those proceedings have been compromised by the defendants accepting a liability to pay $155,000 in settlement of those proceedings. The total of these costs and expenses is $296,702.